Download CLIMATE CHANGE LEGISLATION IN Nigeria

CLIMATE CHANGE LEGISLATION IN
Nigeria
AN EXCERPT FROM
The 2015 Global Climate Legislation Study
A Review of Climate Change Legislation in 99 Countries
Michal Nachmany, Sam Fankhauser, Jana Davidová, Nick Kingsmill, Tucker
Landesman, Hitomi Roppongi, Philip Schleifer, Joana Setzer, Amelia Sharman, C.
Stolle Singleton, Jayaraj Sundaresan
and Terry Townshend
www.lse.ac.uk/GranthamInstitute/legislation/
Climate Change Legislation – Nigeria
Nigeria
Legislative Process
Nigeria features a bicameral legislature (the National Assembly), modelled after the political system
of the United States. The National Assembly is divided into an upper house (Senate) and a lower
house (House of Representatives). The Senate has 109 members, three from each state and one
from the capital region of Abuja. Every four years, senators are elected in a popular vote. The House
of Representatives has 360 members who are elected for a four-year term, using a simple majority
(first-past-the-post) system.
The last general elections (house, senate, and presidential elections) took place in April 2011. The
next general elections will be held in February 2015.
Proposed laws are called bills and can be introduced either to the Senate or the House. After its
introduction in the legislative process, a bill is reviewed by a relevant committee, then referred to
the National Assembly. In a sequence of three readings, the bill is discussed and modifications can
be made. A bill is passed by a simple majority of the upper and lower house, which vote
independently from one another. In order to formally complete the legislative process, acts have to
be signed by the President (Presidential Assent).
Approach to Climate Change
National efforts to address climatic change are guided by a number of principles including the
following: (1) Strategic climate change response is consistent with national development priorities;
(2) Climate change is addressed within the framework of sustainable development, which ensures
that climate change response must be sensitive to issues of equity, gender, youth, children and
other vulnerable groups; (3) The use of energy as a key driver for high economic growth is pursued
within the broad context of sustainable development; (4) Mitigation and adaptation are integral
components of the policy response and strategy to cope with climate change; (5) Climate change
policy is integrated with other policies to promote economic and environmental efficiency; (6)
Climate change is cross-cutting and demands integration across the work programmes of several
government ministries/agencies/parastatals and stakeholders, and across sectors of industry,
business and the community; (7) Climate change response provides viable entrepreneurship
opportunities.
Since the submission of its first national report to the UNFCCC in 2003, Nigeria has made some
progress on climate change governance. In its current national development plan (Vision 2020), the
government recognises climate change as threatening its economic prosperity and future
development. For improving policy formulation and co-ordination in this area, the Ministry of the
Environment created a Special Climate Change Unit which recently has been transformed into the
Department of Climate Change. Last year, the Department signed a co-operation agreement with
Germany and nine other West African Countries (Benin, Burkina Faso, Cote d’Ivoire, Ghana,
Gambia, Mali, Niger, Senegal, and Togo) to collaborate in the review and development of climate
change policies. In 2013, the Federal Executive Council (cabinet) approved the agreement for
ratification. The collaboration will take place within the framework of the newly created West
African Science Service Centre on Climate Change and Adapted Land Use (WASCAL). In 2008, two
competing bills were introduced into Parliament with the aim of improving the ability to set, coordinate, and implement climate change policies. The first bill proposed the creation of a climate
change agency with close ties to the Ministry of the Environment, while the second bill aimed to
create an independent National Commission on Climate Change. However, both bills became
trapped in the legislative process. In 2010, Parliament passed the so-called Commission Bill, but it
Climate Change Legislation – Nigeria
did not receive assent by the President. The current parliament re-introduced the bill and, again, it
has been passed by the lower chamber (House of Representatives) and is at the second reading
stage at the upper chamber (Senate). The bill, if passed into law by the Senate, would formally
establish a robust institution/agency to shoulder the full responsibility of climate change
governance, building on the work the climate change department of the Federal Ministry of
Environment is doing. The House Committee on Climate Change is also working on a Climate
Change law that would address synergy between the various agencies of government in
mainstreaming climate change into their development planning.
Besides these efforts to improve the country’s institutional capacity to deal with climate change,
there have been several policy initiatives with relevance to climate change. For example, since
2007, civil society organisations and international donor organisations have been working together
to identify climate change vulnerabilities and develop a comprehensive adaptation strategy. In
2011, these efforts resulted in the publication of the National Adaptation Strategy and Plan of
Action on Climate Change for Nigeria (NASPA-CNN). The Strategy outlines responses to climate
change in key areas such as agriculture (crops and livestock), freshwater resources, coastal water
resources and fisheries, forests, biodiversity, health and sanitation, human settlements and
housing, energy, transportation and communications, industry and commerce, disaster, migration
and security, livelihoods, vulnerable groups, and education. However, the policy document did not
find official support. Instead, in 2012, the Executive Council approved the adoption of a National
Climate Change Policy and Response Strategy (NCCP-RS). NCCP-RS aims to provide a framework for
responding to climate change-induced challenges such as increased flooding and rising sea levels.
There are also plans to create a National Strategic Climate Change Trust Fund and develop a
National Appropriate Mitigation Action document. In 2013, a National Policy on Climate Change
was finally approved and adopted by the Federal Executive Council. This will form the basis for any
new climate change law.
Energy supply
Under its current development plan (Vision 2020), the government has set targets to promote the
production and use of renewable energy. These include wind, solar, hydro, and biomass. The Vision
2020 includes plans to construct several solar and hydro power plants. The Ministry of the
Environment has announced plans to increase the share of renewable energy to 20% by 2020.
Several government documents and sources also mention the development of a Renewable Energy
Master Plan for Nigeria. However, the process of realising the above targets is still under way. The
government adopted a national biofuel policy in 2007, which aims to create an enabling
environment for the country’s biofuel sector. A Biofuel Energy Commission and a Biofuel Research
Agency have been established, as well as tax exemptions and other incentives for biofuel
producers. More recently, the Federal Government announced that it had concluded plans to
launch a National Policy on Renewable Energy and Energy Efficiency. Once finalised, the Policy will
provide the framework and create an institutional focal point for all national efforts on renewable
energy and energy efficiency. As part of a wider effort to promote renewable energy, the President
set an aspirational target of 30GW to be reached within the next decade.
Energy demand
In the past, Nigeria has worked with international donors to improve its energy efficiency. In 2011,
the government entered a partnership with the United Nations Environment Programme and the
Global Environmental Facility to promote energy efficiency in the residential and public sectors.
Concrete measures include outreach and training programmes as well as the distribution of 1
million compact florescent lamps in residential and public buildings. There has also been assistance
to develop national legislation in the area of energy efficiency, including the Clean Technology
Fund’s (CTF) support of energy efficiency projects. The CTF Investment Plan envisages a total of
USD1.3bn to support low-carbon growth objectives.
Climate Change Legislation – Nigeria
REDD+ and LULUCF
Nigeria has one of the highest deforestation rates in the world. According to the Food and
Agricultural Organisation, the country lost 55.7% of its primary forests between 2000 and 2005. To
protect its forests, Nigeria has adopted a number of acts and laws. The legislation that most directly
addresses deforestation is the Natural Conservation Act of 1989. Nigeria’s Vision 2020 includes
measures to reduce the rate of deforestation such as a target to increase forest cover from
currently 6% to 10%. However, no clear timeframe is provided. The 2012 Appropriation Act called
for the provision of clean stoves and cooking fuels to discourage tree felling for use in traditional
cooking methods. The country also entered into a partnership agreement with the United Nations
REDD Programme in 2010.
Adaptation
The constitution states that “the State shall protect and improve the environment and safeguard
the water, air and land, forest and wildlife of Nigeria”. However, there is currently no explicit
climate change adaptation legislation in place. Recently the Ministry of the Environment has joined
forces with civil society actors and international donors for the Building Nigeria’s Response to
Climate Change (BNRCC) project. In 2011, the BNRCC produced the NASPA-CCN, which identifies
climate change vulnerabilities and contains guidance to develop a comprehensive climate change
adaptation strategy. Vision 2020 also includes a number of concrete adaptation targets such as the
establishment of a 1,500km “green wall” in 11 states bordering the Sahara to reduce the rate and
speed of desertification. A number of policy approaches will provide an organising framework to
develop and implement sectoral strategies, measures and initiatives for effective adaptation
responses. These include: (1) Generate adequate energy from a mix of sources for rapid socioeconomic development without significantly increasing the country’s GHG emissions; (2)
Continuously reduce GHG emissions in all sectors, particularly in the oil and gas, and transportation
sectors; (3) Enhance food security, reduce poverty and promote healthy living for all Nigerians; (4)
Integrate disaster risk management of climate-related hazards into development.
Nigeria: Executive portfolio
Name of Policy
Date
Summary
National Policy on Climate Change
October 2013
The National Policy on Climate Change is a strategic policy response to climate change
that aims to foster low-carbon, high growth economic development path and build a
climate-resilient society through the attainment of set targets. The plan explicitly
identifies climate change as one of the major threats to economic development goals and
food security. To meet these challenges, the plan includes concrete targets in the areas of
climate change adaptation, afforestation, and energy supply. The vision of the National
Climate Change Policy Response and Strategy (NCCPRS) is a climate change-resilient
Nigeria ready for rapid and sustainable socio-economic development. Its mission is to
strengthen national initiatives to adapt to and mitigate climate change and involve all
sectors of society, including the poor and other vulnerable groups (women, youth etc.)
within the overall context of advancing sustainable socio-economic development. Its main
objectives are:





Implement mitigation measures that will promote low carbon as well as
sustainable and high economic growth
Strengthen national capacity to adapt to climate change;
Raise climate change-related science, technology and R&D to a new level that
will enable the country to better participate in international scientific and
technological co-operation on climate change;
Significantly increase public awareness and involve the private sector in
addressing the challenges of climate change;
Strengthen national institutions and mechanisms (policy, legislative and
economic) to establish a suitable and functional framework for climate change
Governance.
Climate Change Legislation – Nigeria
Name of Policy
Date
Summary
Nigeria Vision 2020
May 2010
Vision 2020 aims to reduce the impact of climate change on development processes and
the environment. It would (i) strengthen environmental governance; (ii) promote
environmental education; (iii) optimise economic benefits from sustainable
environmental management. Concrete climate policy targets formulated under Vision
2020 are:

Increase the share of the energy mix of hydro-power to 25% by 2013

Increase wind energy capacity to 10MW by 2013

Increase solar energy capacity to 10MW by 2013

Increase biomass power generation capacity to 1,000 MW

Increase forest cover from 6% to 10%

Reduce losses and impacts due to floods and drought by 10% by 2013
Name of Policy
Date
Summary
Nigerian Biofuel and Incentives
24 July 2007
The policy aims to help develop the biofuel industry in order to gradually reduce the
dependence on imported gasoline, reduce GHG emissions while promoting economic
development. Concrete measures include the introduction of a biofuel blend (10%
ethanol) and various measures aimed at stimulating market demand for biofuels and
promoting their production (e.g. tax exemptions). The policy includes the establishment
of a Biofuel Energy Commission and Biofuel Research Agency and a target that by 2020
100% of biofuels consumed in the country will come from domestic production.
Climate Change Legislation – Nigeria
Sources
Federal Republic of Nigeria, 2007, Official Gazette of the Nigerian Biofuel Policy and Incentives.
German Development Institute, 2012, African Developments: Competing Institutional Arrangements for Climate Policy:
The Case of Nigeria, Briefing Paper 7/2012.
Heinrich-Böll Foundation, 2010, Towards Enhancing the Adaptive Capacity of Nigeria: A Review of the Country’s State of
Preparedness for Climate Change Adaptation [URL: http://www.ng.boell.org/web/ecology-and-sustainability227.html]. Accessed 26 May 2013.
Illegal-Logging.Info, website, Nigeria has worst deforestation rate, FAO revises figures [URL: http://www.illegallogging.info/item_single.php?it_id=2958]. Accessed 26 May 2013.
Ministry of National Planning, 2010, Nigeria 20: 2020 – Abridged Version.
Ministry of National Planning, 2010, Nigeria 20: 2020 - The First National Implementation Plan (2010-2013) - Volume II:
Sectoral Plans and Programmes.
Ministry of National Planning, 2010, Nigeria 20: 2020 - The First National Implementation Plan (2010-2013) - Volume III:
Sectoral Plans and Programmes.
Ministry of the Environment, 2003, Nigeria’s First Communication under the United Nations Framework Convention on
Climate Change.
Ministry of the Environment, 2010, National Environmental, Economic and Development Study (Needs) for Climate
Change in Nigeria [URL: http://unfccc.int/files/adaptation/application/pdf/nigerianeeds.pdf]. Accessed 26 May 2013.
Ministry of the Environment, 2011, National Adaptation Strategy and Plan of Action on Climate Change for Nigeria
(NASPA-CNN).
Ministry of the Environment, website, Renewable Energy [URL: http://environment.gov.ng/special-units/renewableenergy/]. Accessed 26 May 2013.
National Assembly, website, The National Assembly Federal Republic of Nigeria [URL: http://www.nassnig.org/]. Accessed
26 May 2013.
National Assembly, 2008, National Climate Change Commission Bill, C34, 2008.
Norton Rose, 2012, Scaling-up Renewable Energy in Africa: Nigeria, [URL:
http://www.nortonrose.com/knowledge/publications/59010/scaling-up-renewable-energy-in-africa-nigeria].
Accessed 26 May 2013.
United Nations Development Programme, website, UNDP GEF Nigeria Energy Efficiency Project: Promoting Energy
Efficiency in Residential and Public Sector in Nigeria [URL: http://www.ng.undp.org/energy/]. Accessed 26 May 2013.
UN-REDD Programme, website, Nigeria [URL: http://www.unredd.org/AboutUNREDDProgramme/NationalProgrammes/Nigeria/tabid/992/Default.aspx]. Accessed 26 May 2013.